Veeraputhiran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/10/2021 PRESENT The Hon'ble Mrs.Justice S.ANANTHI CRL OP(MD). No.15982 of 2021 1.Veeraputhiran 2.Chinna Veerapandi @ Chinna Veerapandian 3.Veerapandian 4.Maharajan 5.Chinnadurai 6.Mahalingam 7.Thangathai @ Sangarammal : Petitioners/Accused Nos.1 to 4, 7, 11 and 12 Vs The State By the Inspector of Police, V.K.Pudur Police Station, Tenkasi District.
Cr.No.181 /2021.
.. Respondent/Complainant For Petitioners :Mr.D.Venkatesh, Advocate For Respondent :Mr.Muthu Manickam, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For the Anticipatory Bail in Cr.No.181 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 4, 7, 11 and 12 apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of I.P.C., in Crime No.181 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that when the de-facto complainant was returning from the electoral booth, the accused
persons have beaten the de-facto complainant and also threatened him with dire consequence. Hence, this complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution, but they have been falsely implicated in this case.
4.The learned Additional Public Prosecutor appearing for the respondent police, on instructions, would submit that there are four previous cases pending against the first petitioner and two previous cases pending against the second petitioner. He would further submit that no previous case is pending against the petitioners 3 to 7. 5.Considering the previous antecedent of the first and second petitioners/A1 and A2, this Court is not inclined to grant bail to the petitioners 1 and 2. Accordingly, this Criminal Original Petition is dismissed as against the first and second petitioners/A1 and A2.
6.Considering the facts and circumstances of the case and the fact that the petitioners 3 to 7 have not involved in any further offence, this Court is inclined to grant anticipatory bail to the petitioner 3 to 7 with certain conditions.
6.Accordingly, this Criminal Original Petition is allowed insofar as the petitioners 3 to 7 are concerned and the petitioners 3 to 7 are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tenkasi, on condition that the petitioners 3 to 7 shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: (a)the petitioners 3 to 7 and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;
(b)the petitioners 3 to 7 shall report before respondent police daily at 10.30 am., for a period of 30 days and thereafter, as and when required for interrogation;
(c)the petitioners 3 to 7 shall not tamper with the evidence or witness either during investigation or trial; (d)the petitioners 3 to 7 shall not abscond either during investigation or trial;
(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action
against the petitioners 3 to 7 in accordance with law as if the conditions have been imposed and the petitioners 3 to 7 released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and (f)if the accused/ petitioners 3 to 7 thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. Sd/- 12/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
cmr/mm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1.THE JUDICIAL MAGISTRATE, TENKASI.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3.THE INSPECTOR OF POLICE, V.K.PUDUR POLICE STATION, TENKASI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.15982 of 2021 Date : 12/10/2021 VB/SKN/SAR-III/21.10.2021/3P/5C